Chapter 13 Attorney Top 10 List

  1. Where we are
  2. How Do I Access Information About My Clients' Cases?
  3. Do I need to mail the Trustee a copy of court pleadings, Proofs of Claims, or anything else filed with Court?
  4. Do the math...
  5. Matters to consider at the 341 Meeting
  6. The Schedule of Allowed Claims
  7. Show Cause Hearings
  8. Representing Your Client After Confirmation
  9. Taxes and Paying Off Plans Early
  10. Plan Completion

|WHERE WE ARE|

Office of the Chapter 13 Trustee
Western District of Kentucky
200 South 7th Street, Suite 310
Louisville, KY 40202

William W. Lawrence is the Chapter 13 Trustee for the Western District of Kentucky. He is also a Chapter 7 Trustee for the Western District of Kentucky. When corresponding, please keep in mind the following:


Suite 310;(502)581-9042 is for Chapter 13
Suite 300;(502)583-4484 is for Chapter 7.

|HOW DO I ACCESS INFORMATION ABOUT MY CLIENTS' CASES?|

Our website address is www.louchapter13.com. Contained on that web page is a link to a web site that allows you to access case information - www.13network.com. for a password and user id, click here. Print and fill out the form and mail it to our office. Upon receipt, our system manager will then issue you a password and user id that will allow you to access case information for your clients’ cases.

Our phone number is (502)581-9042. our office has twelve employees, each handling different aspects of the cases. When calling, please allow our receptionist to direct calls to the appropriate party. Our office staff will make every effort to answer your clients’ questions if they call. However, our office can not give legal advice. Please advise your clients of this.

|DO I NEED TO MAIL THE TRUSTEE A COPY OF COURT PLEADINGS, PROOFS OF CLAIMS OR ANYTHING ELSE FILED WITH COURT?|

No. With the implementation of ECF in August 2002, all documents filed with court are automatically sent to our office on a daily basis. therefore, please save a tree and do not mail us copies.

Agreed Orders - If you would like the trustee to sign an agreed order, please mail it to our office with a return envelope. After reviewing, the trustee will sign and mail the order back to you for you to file with court.

|DO THE MATH...|

Prior to the 341 meeting, please make sure all plans are thorough and state clearly how all secured creditors are to be treated (i.e. is the secured creditor “inside” or “outside” the plan – if “inside” the plan, how much are you securing the creditor for and at what interest rate). Double check that every plan works mathematically, and factor in the following: the trustee’s fee is 3.20%, and your fee is $2500 (for cases paying more than $10,000 back to creditors; $900 for those paying less).

|MATTERS TO CONSIDER AT THE 341 MEETING|

  1. Wage deducts are mandatory. Please be able to provide proper payroll address to the trustee.
  2. 401(k) and retirement contributions, and 401(k) and retirement loan paybacks - if proposing a plan that pays back less than 100% of unsecured debt, be aware that debtors cannot contribute to a 401(k) or other retirement account, or repay a 401(k) or retirement loan “outside” the plan. This is in accordance with the sixth circuit court decision in re: harshbarger, 66 f.3d 775 (6th cir. 1995).
  3. Do not prefer one unsecured creditor over another - if your plan pays less than 100% to unsecured creditors, all unsecured creditors must be paid the same percentage (i.e. you cannot pay 70 percent to unsecured creditors, and pay an unsecured debt to your credit union “outside” the plan). see 11 u.s.c.§1322(a)(3).
  4. If the 341 meeting must be continued, please be sure to advise your clients to continue to pay their monthly payment into your escrow account.
  5. In the event that a plan must be amended, notice the creditors with adequate time before the continued date (for example - please do not file an amended plan that pays 30% to unsecured creditors the night before the continued 341 meeting and expect that your case will be confirmed the next day).

|THE SCHEDULE OF ALLOWED CLAIMS|

After the 90 day bar date occurs in a case, review all claims in detail – do not just check the claims register. Discrepancies between the claims register and the actual claims do occur. If a claim was listed on the order of confirmation as “no claim filed,” now is the perfect time to check to see if a claim has been filed. If one has, please file the appropriate motion to amend the order of confirmation. On all claims, please be sure to provide correct addresses and account numbers.

|SHOW CAUSE HEARINGS|

The procedure for show cause hearings has changed. Please file a response with a corresponding order at least five (5) business days before the hearing date. Also, please be advised that debtors do not get noticed – it is the attorney’s responsibility to inform the debtors.

|REPRESENTING YOUR CLIENT AFTER CONFIRMATION|

If a creditor needs to be added, payments changed, or any other modification becomes necessary after confirmation, please review the plan and file the appropriate motion. Always include all pertinent information not only in the motion, but also in the order (ex: if adding a creditor, include claim amount and address). Also, if you are requesting additional fees, that must also be included in the order. If it is mentioned in the motion, but not on the order, you will not receive those fees.

Please also see entry number 4 on the top 10 list – make sure that the math on your amended plan works, too.

If the trustee’s office files a motion to increase plan payments, and the debtor is unable to do so, please review the plan and file a motion to modify the plan appropriately. If reducing the plan percentage, once again verify that the plan will still pass the chapter 7 liquidation test. If the debtor moves, please provide the new address to our office. Also, if the debtor changes employment, the debtor needs to notify our office so we may amend the wage deduct accordingly.

|TAXES AND PAYING OFF PLANS EARLY|

Please remind debtors that if their plans are paying back less than 100% to unsecured creditors, they are required to submit a current budget, copies of state and federal tax returns, and any refunds each year by may 15th. (see local rule 13). Debtors that are not required to file returns must still file a current budget and a statement to that effect. If debtors do not comply, they run the risk of being dismissed.

If a debtor requests a payoff in a case, do not depend on the figure shown on 13network.com, as the website does not factor in interest. Also, the claims have to be checked, and any case under 100% may be increased. Please call our office to request an accurate payoff.

Note: if a third party not involved with the bankruptcy, i.e. mortgage company, requests a payoff, we must have written authorization from the debtor to release information.

|PLAN COMPLETION|

A claims check is performed when all cases approach completion. If there are any discrepancies, we will contact your office to get the matter resolved. In order to expedite this process, please return our calls. It may be necessary for you to amend claims, move to disallow late claims, or add claims. We will advise you of what the claims check found, and ask you to file the appropriate paperwork in a timely manner.